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2025 DAILYLAW 180365 (ALL)

MO. SAGEER KHAN v. STATE OF U.P. THRU. THE PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/10241/2025 · 2025-12-03

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10241 of 2025 Court No. - 21 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Shadab Haider, learned counsel for the applicant and learned Additional Government Advocate appearing on behalf of the State-respondents. 2. In view of the order proposed, issuance of notice to Opposite Party No. 2 is dispensed with. 3. The captioned petition under Section 482 of Cr.P.C. read with Section 528 of B.N.S.S., 2023 has been filed challenging therein, the order dated 26.11.2025 whereby learned Additional Court No. 9 (N.I. Act), Lucknow had rejected the application seeking exemption from appearance on medical ground and had issued Non-Bailable warrant for securing presence of the applicant. 4. It has been contended on behalf of the applicant that in the application seeking exemption from appearance before the trial court, categorical reason was spelled out as the applicant was not having good health but instead of considering that reason, learned trial court had straightaway rejected the application without assigning any reason and simultaneously had issued Non-bailable warrant for securing presence of the applicant. 5. Learned counsel appearing for the applicant undertakes that on the next date fixed before the trial court, applicant shall remain present in the Versus Counsel for Applicant(s) : Shadab Haider, Rizwan Haider, Tanveer Haider Counsel for Opposite Party(s) : G.A. Mo. Sageer Khan .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) court. 6. I have considered the submissions made by the learned counsel appearing for the applicant and keeping in view the overall facts and circumstances of the case, I find that the order passed by the trial court is not sustainable, as no reasons have been assigned for rejecting the application filed by the applicant seeking exemption from appearance. 7. Accordingly, this petition is allowed. 8. The order dated 26.11.2025, passed by the learned trial court, is hereby set aside. 9. The applicant is hereby directed to remain present before the trial court on the next date fixed in the matter. 10. It is made clear that if on the next date fixed before the trial court, the applicant does not appear, it would remain open for the trial court to issue Non-Bailable warrant for securing presence of the applicant. December 3, 2025 Lokesh Kumar A482 No. 10241 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench